H 3636  General Bill, By J.M.Baxley, J.J.Bailey, B.O.Baker, R.A.Barber, A.W.Byrd, 
Cato, Cobb-Hunter, J.L.M.Cromer, Davenport, Delleney, Fair, L.O.Graham, Harrison, 
B.H.Harwell, Haskins, J.Hines, D.N.Holt, W.S.Houck, T.E.Huff, Inabinett, M.F.Jaskwhich, 
Jennings, Keegan, Kelley, W.D.Keyserling, Lanford, Littlejohn, J.T.McElveen, 
McKay, Meacham, Moody-Lawrence, Neilson, Quinn, Richardson, Riser, Robinson, 
J.S.Shissias, Simrill, D.Smith, J.J.Snow, Stille, C.H.Stone, C.L.Sturkie, 
P.H.Thomas, J.W.Tucker, Vaughn, C.Y.Waites, Witherspoon, S.S.Wofford, D.A.Wright, 
Young-Brickell and R.M.Young

Similar(S 700)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 40-57-155 so as to require continuing education as a condition of license
 renewal of a resident or nonresident real estate broker or salesman and to
 provide for the administration of the continuing education program and to
 authorize the Real Estate Commissioner to promulgate regulations to implement
 the program.
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   03/04/93  House  Introduced and read first time HJ-12
   03/04/93  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-12
   04/14/93  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-2
   04/21/93  House  Objection by Rep. 
                     Anderson,Williams,McMahand,Govan,Neal HJ-29
   05/05/93  House  Objection withdrawn by Rep.  Anderson HJ-36
   05/12/93  House  Objection withdrawn by Rep.  Govan & Neal HJ-68
   05/19/93  House  Objection withdrawn by Rep.  McMahand HJ-58
   05/19/93  House  Objection withdrawn by Rep.  Williams HJ-86
   05/19/93  House  Amended HJ-99
   05/19/93  House  Read second time HJ-103
   05/20/93  House  Read third time and sent to Senate HJ-15
   05/25/93  Senate Introduced, read first time, placed on calendar
                     without reference SJ-19
   05/25/93  Senate Amended SJ-20
   05/25/93  Senate Unanimous consent for second reading on next
                     legislative day SJ-21
   05/25/93  Senate Unanimous consent for third reading on next
                     legislative day SJ-21
   05/26/93  Senate Read second time SJ-35
   05/27/93  Senate Read third time and returned to House with
                     amendments SJ-12
   06/02/93  House  Senate amendment amended HJ-35
   06/02/93  House  Returned to Senate with amendments HJ-35
   06/02/93  Senate Non-concurrence in House amendment SJ-56
   06/02/93  House  House insists upon amendment and conference
                     committee appointed Reps.  McLeod, G. Bailey &
                     Govan HJ-97
   06/03/93  Senate Conference committee appointed  Sens. Land,
                     Leatherman, Elliott SJ-17

AMENDED--NOT PRINTED

June 2, 1993

H. 3636

Introduced by REPS. Baxley, Richardson, Keegan, Simrill, Robinson, R. Young, Barber, Byrd, Cato, Cobb-Hunter, Cromer, Davenport, Delleney, Fair, Graham, Harrison, Hines, Holt, Houck, Inabinett, Jaskwhich, Kelley, Keyserling, Littlejohn, Meacham, McElveen, McKay, Moody-Lawrence, Neilson, Riser, Shissias, D. Smith, Stille, Stone, Sturkie, Thomas, Tucker, Vaughn, Waites, Witherspoon, Wright, J. Bailey, Baker, Harwell, Huff, Haskins, Jennings, Quinn, Lanford, Snow, Wofford and A. Young

S. Printed 5/25/93--S.

Read the first time May 25, 1993.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN AND TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.

Amend Title To Conform

Whereas, the General Assembly finds that the business of real estate is complex and complicated, with rapidly increasing statutory and market changes, as well as rapidly increasing consumer requirements and demands; and

Whereas, to protect the public interest it is imperative that persons engaged in real estate sales, property management, and other segments of the real estate profession are adequately informed of the ever-changing aspects of the profession; and

Whereas, the members of the real estate profession realize that the education of those involved in the real estate business should be a continuing process; and

Whereas, it is clearly in the public interest that licensed real estate agents, with reasonable exception, be required to complete at least six hours annually of real estate related education to ensure their continuing competency to serve the needs of South Carolina's public. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 40-57-155. As a condition of license renewal, a broker or sales agent must satisfactorily complete eight hours of approved course instruction biennially as prescribed by the commission by a course provider approved by the commission. The eight hours must include a minimum of two hours of instruction on changes in federal and state law affecting licensees. A licensee having successfully completed a thirty-hour course for qualification as a broker is not required to participate in the continuing education program for that particular year. A licensee who decides to become inactive is not required to participate in the continuing education program but must complete the eight-hour requirement before returning to active status.

The commissioner shall administer the continuing education program and shall approve and regulate courses, instructors, and course providers to implement the purposes of this section. In administering the program, the commission may promulgate regulations to require licensees to provide proof of compliance with the continuing education requirements as a condition of license renewal. The commission may contract with an outside provider for the record keeping services required by this section.

Temporary fees must be charged by and paid to the commission until permanent fees are established by regulation as follows:

(1) an annual filing fee of fifteen dollars;

(2) a fee of fifteen dollars for providing certification to another state of a licensee meeting the South Carolina continuing education requirement;

(3) a fee of one hundred dollars for each course approved;

(4) a fee of one hundred dollars for each instructor approved;

(5) a fee of fifty dollars for each course approval renewal;

(6) a fee of fifty dollars for each instructor approval renewal.

The commission shall promulgate regulations prescribing the overall parameters of the continuing education program.

This section also applies to nonresident licensees. Where applicable, a nonresident licensee who has successfully satisfied the continuing education requirements of his resident state and certifies this information to the continuing education administrator or service is considered to have satisfied the requirements of this section. A nonresident who lives in a state which does not require continuing education must satisfy the South Carolina continuing education requirements.

All information received by an outside contract service provider in the course and scope of his duties is confidential and proprietary and may not be used or disclosed beyond the requirements of the duties imposed upon them by law. A licensee upon reaching the age of sixty, with a minimum of twenty-five years of licensure, is exempt from the requirements of this section."

SECTION 2. Section 40-57-160 of the 1976 Code, as last amended by Act 12 of 1991, is further amended to read:

"Section 40-57-160. It is the duty of the commissioner to issue a license to engage in the business of real estate broker, counsellor, salesman, property manager, or auctioneer to all applicants who are duly qualified under, and who comply with, all requirements of this chapter and all regulations of the commissioner. The license must be in that form and size as the commissioner prescribes and must not be transferable. The licenses expire on June thirtieth of each year annually."

SECTION 3. This act takes effect July 1, 1994.